You will start the day by arriving at the venue and meeting your barrister and solicitor. You will have a private meeting with them to discuss the case and ask any questions you might have.
When everyone is ready the hearing before the Judge will commence. The Applicant’s barrister will outline his/her client’s case, followed by the Respondent’s barrister. The Judge will often ask questions or seek clarification on particular points and/or request further information.
Following this, the Judge will retire and take some time to consider the case and prepare their indication.
Once the Judge is ready, everyone will return to the hearing room and the Judge will give their indication . The parties then return to their separate rooms with their legal teams to discuss the indication.
One or both parties may then decide to make a revised offer of settlement. This is usually done in writing between the barristers. Negotiations will then continue throughout the remainder of the day until either settlement terms are agreed or it looks as though no further progress will be made.
All negotiations at the private FDR are “Without Prejudice” (which means that they cannot be referred to in any subsequent court proceedings) as they would be at a Court based FDR.